Harassment in the Workplace: Understanding THE NEW OBLIGATIONS Biographical Summaries of Presenters

Transcription

1 Harassment in the Workplace: Understanding THE NEW OBLIGATIONS Biographical Summaries of Presenters [Presented in alphabetical order] March 28, 2017

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3 Philip B. Abbink Cavalluzzo Shilton McIntyre Cornish LLP A newly minted partner in the firm, Philip practices in the areas of professional regulation and labour law, primarily providing advocacy for health care professionals in grievance arbitrations and at professional Colleges. He also represents employees in investigations, quasi-criminal regulatory proceedings and at Coroners' Inquests. In 2004, Philip graduated from the University of Toronto with a combined J.D. and M.A. in International Relations. He articled at Cavalluzzo, and then returned to practice labour arbitration, professional regulation and criminal defence work, providing representation for union members in a variety of proceedings. After living in Ireland for a few years, Philip returned to Cavalluzzo. He continues to represent both individuals and unions in diverse fora including the Labour Board, grievance arbitration, professional Colleges, Coroner's Inquests, and at all levels of courts in Ontario. {C }

4 Dolores Barbini is a management labour, employment law and human rights lawyer in Hicks Morley s Toronto office. She advises both public and private sector employers with respect to their union and non union workforces. Dolores appreciates how important it is to know the client s business and understand the uniqueness of each workplace. She also knows that proactive advice, training and education can provide the most cost effective results for clients. However, sometimes litigation is necessary. Dolores has appeared in 100 s of hearing in various forums including grievance and interest arbitrations, the Human Rights Tribunal of Ontario (Social Justice Tribunal), the Ontario Labour Relations Board, WSIAT and the Child and Family Services Review Board. Dolores practice focuses on labour arbitrations in all areas including collective agreement interpretation, discipline and dismissal, management rights, absenteeism management, accommodation, workplace violence and job evaluation. Dolores also regularly provides advice and assistance to employers in the area of human rights, notice terminations and dismissals for cause, policy development, restructuring and employment standards.

5 Lauren Chang MacLean is In-House Labour and Employment legal counsel at Metrolinx. Lauren provides legal and strategic advice to departments across Metrolinx, in particular, the Senior Management Team and Human Resources Department. Lauren also represents Metrolinx in grievance arbitration litigation, employment litigation matters, before the Human Rights Tribunal of Ontario, and in other labour or employment related forums. Before joining Metrolinx in 2016, Lauren practiced management-side labour and employment law at a prominent boutique firm in Toronto. Lauren graduated with degrees in common law and civil law from McGill University, and holds degrees in English Literature and Creative Writing from Concordia University. Lauren is a current member of the Labour and Employment Practice Group Executive at the Advocates Society, and a past executive member of the Ontario Bar Association s Worker s Compensation group. Lauren was called to the Ontario bar in 2010.

6 Ryan Edmonds is the principal lawyer of Ryan Edmonds Workplace Counsel, a boutique firm that provides workplace law services to both employers and employees. Prior to starting his own practice, Ryan was a lawyer in the top-ranked labour and employment law group of national law firm and clerked at the Ontario Labour Relations Board, where he was seconded during his articles. An academicallydecorated graduate of Osgoode Hall Law School, Ryan has authored a number of award-winning law journal articles on labour and employment law and frequently contributes to various industry publications. Ryan is active in the community. In addition to being a founding director of Out on Bay Street, he is former section executive of the OBA's Sexual Orientation and Gender Identity Conference, and is currently a member of the OBA s Equality Committee.

7 Ruben Goulart, Partner Bernardi Human Resource Law LLP Ruben Goulart is an HR Lawyer with over 25 years of experience in the human resources field, supporting both unionized and non-unionized clients. His practice is management focused: he primarily represents employers on an array of legal issues, including labour relations, occupational health and safety, and human rights. He represents a wide spectrum of clients and industries, with a particular focus on manufacturing and third party logistics. His practice has always been based in the western GTA, and he enjoys being actively involved in the community. He has served as the corporate secretary to the Living Arts Centre in Mississauga since 2003.

8 Monica Jeffrey is a founding partner at JMJ Workplace Investigation Law LLP, one of the first law firms in Canada to devote its practice exclusively to conducting third party neutral workplace investigations. Prior to becoming a full-time workplace investigator in early 2013, Monica specialized in employment and labour law for 10 years, representing and advising both employees and employers in workplace matters. Monica is a Board Director and sustaining member of the Association of Workplace Investigators (AWI) and has served as faculty at the 2015 and 2016 AWI Institute.

9 Daryn M. Jeffries PARTNER Tel: Fax: Daryn attended McGill University for his undergraduate education and received his LL.B. Degree from York University s Osgoode Hall in Daryn joined the firm as an articling student in May 1992 and was called to the Bar of Ontario in February Daryn became a partner of the firm in March Daryn s practice involves the representation of management in all matters relating to labour relations and employment law, with a particular emphasis on litigation and matters relating to the interpretation and application of the Ontario Labour Relations Act and the Employment Standards Act. Daryn performs extensive work on behalf of employers in the broader public sector, including municipalities, hospitals and children s aid societies. From 1993 to 1999, Daryn served as an Associate Editor of the Canadian Labour Relations Board Reports and Daryn has also written and spoken extensively on many labour and employment law topics, including matters relating to Bills 136 and 168, sexual harassment, human rights, performance management, workplace safety and insurance law and absenteeism in the workplace. Most recently, Daryn provided the cross-country labour and employment check-up on behalf of Ontario at the Canadian Association of Counsel for Employers Annual Conference in Winnipeg in September EDUCATION Daryn attended McGill University for his undergraduate education and received his LL.B. Degree from York University's Osgoode Hall in MEMBERSHIPS & AFFILIATIONS The Ontario Bar Association The Metropolitan Toronto Lawyers' Association

10 Carolyn Johnston Director, Employment Practices (Workplace Investigations) Walmart Canada Corp. Carolyn is Director, Employment Practices (Workplace Investigations) at Walmart Canada. In this role, she leads a team of workplace investigators to conduct neutral investigations into various workplace issues, including harassment and discrimination. Prior to joining Walmart Canada in 2015, Carolyn was a lawyer at Torkin Manes LLP, advising employers and employees in a wide range of employment and labour law issues, including human rights, wrongful dismissal, employment standards and labour relations issues. Carolyn has appeared before the Superior Court of Justice, Divisional Court, Ontario Human Rights Tribunal, Labour Relations Board and Boards of Arbitration. She is a Committee Member of the Canadian Association of Workplace Investigators (CAWI). Carolyn joins us on the panel today to share her insight with counsel who may get involved with developing effective harassment investigation programs and processes for their clients.

11 Samantha Lamb was called to the Bar in 2006 and joined Jewitt McLuckie & Associates LLP in January 2007, where she is now a Partner. Samantha s labour practice includes representing both public and private sector Unions across diverse sectors including municipal and provincial government, education, and the construction industry. In addition to rights and interest arbitrations, Samantha has extensive experience representing Unions and their members with respect to workplace investigations, pay equity maintenance issues, bargaining, complex WSIB appeals, and human rights complaints. In her prior career as a child protection worker, Samantha was trained in investigative interviewing, conducted hundreds of investigative interviews, and prepared extensive reports for use in Court. She now uses those skills to investigate allegations of workplace harassment and bullying both against management and between union members.

12 Ashley Lattal, Shearer Lattal LLP Ashley Lattal is a founding partner of Shearer Lattal LLP, a law firm established in 2014 that specializes in conducting workplace investigations into allegations of workplace misconduct, as well as mediating workplace conflict and litigation matters. Ashley spent much of her career as a commercial litigator. After graduating from Cornell Law School in 2000, she worked for several years at a national law firm in Washington, D.C. She moved to Toronto in 2002 where she worked for a large firm. Thereafter, she spent many years practicing at a litigation boutique where she worked on a wide variety of litigation files. During that time, she developed a particular interest in employment matters and alternative dispute resolution. She obtained an LL.M. in ADR in 2014 and is currently a roster mediator for the Ontario Mandatory Mediation Program and an instructor with the Osgoode Hall Law School Mediation Intensive Clinical Program. Ashley is a member of the bars of New York, Washington, D.C. and Ontario. She can be reached at ashleylattal@slworklaw.com.

13 Jennifer MacKenzie Jennifer MacKenzie has practiced employment law for over 20 years. Since co- founding JMJ Workplace Investigation Law LLP in 2013, her practice has been exclusively dedicated to conducting third party neutral workplace investigations. Jennifer has conducted a wide range of neutral workplace investigations including complaints of sexual harassment, human rights violations, workplace harassment/bullying, incidents of workplace violence and employee misconduct. Her experience includes investigations in both the private and public sectors as well as in unionized and non- unionized workplaces. Prior to becoming a full- time neutral workplace investigator in 2013, Jennifer practiced employment law, representing both employers and employees in a diverse range of workplace matters including human rights and employment related litigation, across all sectors. Jennifer is the co- author of two books, Mediating Employment Disputes, 2 nd ed. (2013, Canada Law Book Inc.) and Human Resources Guide to Managing Workplace Harassment (2003, Canada Law Book Inc.). Jennifer is a member of the Association of Workplace Investigators (AWI) and its Canadian chapter (CAWI) and is currently the local convenor of the Toronto Local Circle for CAWI/AWI.

14 Julie McAlpine-Jeffries is in-house labour and employment counsel at the University of Toronto. The University is a complex labour and employment environment, with over 15,000 employees, and 23 bargaining units represented by 11 different unions. Julie works in the human resources department and the Provost s office providing legal and strategic advice on the full range of labour and employment matters, including workplace complaints and investigations. Julie is also regularly involved in policy initiatives at the University, most recently relating to implementing the legislative amendments introduced by Bill 132. Julie has previously worked in labour and employment policy development with the provincial government and in private legal practice at a boutique firm representing management in labour and employment matters. Julie obtained her law degree from Dalhousie University and a master s degree in law from the University of Toronto, focusing on the duty to accommodate aging workers.

15 Mihad Fahmy has practiced labour, employment and human rights law for over 10 years. A graduate of Queen s University Faculty of Law, Mihad was called to the Ontario Bar in 1997 and went on to obtain her LL.M. in 1999 with a focus on minority rights and constitutional law. In her labour law practice, Mihad regularly represents unions at grievance arbitration and mediation, handling grievances on all matters concerning the interpretation and application of collective agreements including discipline and dismissal, health and safety, human rights and union policy grievances. She represents unions in a variety of sectors including colleges, health care, and the public and broader public sector. Mihad also has extensive experience representing individuals on human rights matters before the Human Rights Tribunal of Ontario and regularly advises individuals, unions and organizations regarding both their rights and obligations under human rights legislation and policies. As the Human Rights Committee Chair of the National Council of Canadian Muslims NCCM, Mihad advises the organization on human rights and anti-discrimination issues, oversees human rights research and policy development, and represents individual complainants being assisted by NCCM. Mihad is a Part-time Faculty Member at Huron College, Western University, teaching a course on Freedom of Religion and Accommodation in Canada. She also regularly speaks and writes on issues of human rights, integration and religious freedoms. Mihad has always been actively engaged in her community. She currently serves on the Board of the London Islamic School and the Muslim Resource Centre of Social Support and Integration. She has also been a Member of the City of London s Diversity and Race Relations Advisory Committee and a Board Member of the London & Middlesex Children s Aid Society.

16 Biography Mona Staples graduate from Queen s law in 2000 and has been practicing Union side labour law since her call to the bar in She has spent the past twelve years working as in-house counsel for the Canadian Union of Public Employees. Mona s practice includes the representation of CUPE Locals and members in all areas of labour relations, including representation at grievance arbitrations, labour board matters both Federal and Provincial, human rights complaints before both the Human Rights Tribunal of Ontario and tribunals appointed under the Canadian Human Rights Act.

17 Nadine S. Zacks Associate Toronto Year of Call: Ontario, 2009 Nadine Zacks is a labour and employment lawyer in Hicks Morley s Toronto office. She provides advice and representation to public and private sector employers on a wide range of labour and employment issues including grievance arbitrations, wrongful dismissals, employment standards, employment contracts, human rights and accommodation and occupational health and safety. Nadine regularly appears before tribunals, arbitrators, mediators and courts to advocate for her clients. When not litigating for her clients, Nadine provides proactive, practical solutions for employers, navigating them through the nuances of the laws applicable to their workplaces. Nadine often advises on workplace policies and provides training sessions to clients. Nadine is an active member of the firm s Health and Safety Group and regularly assists clients with responding to and defending orders and charges under the Occupational Health and Safety Act. Education University of Toronto, J.D. (Hons.) McMaster University, B. A & Sc. (Hons.) 77 King Street West 39 th Floor TD Centre, Box 371 Toronto, ON M5K 1K8 hicksmorley.com